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Wagner Act

A 1935 American federal statute which recognized employee rights to collective bargaining, protected the right to belong to a union, prohibited many anti-union tactics then used by employers, and set up the National Labor Relations Board. The NLRB was given wide enforcement powers. It was later amended by the Taft-Hartley Act in 1947.

Waiver

When a person disclaims or renounces to a right that they may have otherwise had. Waivers are not always in writing. Sometimes a person's actions can be interpreted as a waiver.

Warranty

A guarantee given on the performance of a product or the doing of a certain thing. For example, many consumer products come with warranties under which the manufacturer will repair or replace any product that fails during the warranty period; the commitment to repair or replace being the "warranty".

Waste

The abuse, destruction or permanent change to property by one who is merely in possesion of it as in the case of a tenant or a life tenant.

Wedlock

Being married. Has the same meaning as "matrimony." Used mostly to refer to illegitimate children as "born out of wedlock."

Will

A written and signed statement, made by an individual, which provides for the disposition of their property when they die. (See also codicil and probate.)

Wire-tapping

An electronic surveillance device which secretly listens in and records conversations held over a phone line. It is usually only allowed with the permission of a judge and if it can be shown to be necessary for the solving of a serious crime.

Without prejudice

A statements set onto a written document which qualifies the signatory as exempted from it's content to the extent that they may be interpreted as containing admissions or other interpretations which could later be used against the person signing; or as otherwise affecting any legal rights of the person signing. A lawyer will often send a letter "without prejudice" in case the letter makes admissions which could later prove inconvenient to the client.

Witness

The regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony).

Words of limitation

Words in a conveyance or in a will which set the duration of an estate. If a will said "to Bob and his heirs", the words "and his heirs" were words of limitation because they indicate that Bob gets the land in fee simple and his heirs get no interest.

Words of purchase

Words which specifically name the person to whom land is being conveyed. The property is conveyed to specifically and by name in a legal act such as a conveyance or will. This would preclude, for example, transfer as a result of intestacy.

Writ

An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).

Wrongful death

An American tort law action which claims damages from any person who, through negligence or direct act or omission, caused the death of certain relatives (eg. spouse, children or parent). These actions are commenced under special "wrongful death" statutes because under the common law, there is no right of action for survivors for their own loss as a result of someone's death. The Canadian equivalent of the wrongful death legislation is generally known as the "fatal accidents act." In England, it is known as Lord Campbell's Act.

Wrongful dismissal

Being fired from a job without an adequate reason or without any reason whatsoever. Employees do not have a right to a job for life and can be dismissed for economic or performance reasons but they cannot be dismissed capriciously. Most employment implies an employment contract, which may be supplemented by labor legislation. Either could provide for certain procedures to be followed, failing which any firing is wrongful dismissal and for which the employee could ask a court for damages against the employer. Can also be referred to as "dismissal without just cause." Not all states recognize this tort law action.


© Lloyd Duhaime 1994-1999. The researcher-writer of Duhaime's Legal Dictionary is a lawyer, Lloyd Duhaime. For the litigious souls out there with no respect for the generosity of spirit that goes into this free world wide web legal dictionary, please be advised that you are using this dictionary entirely at your own risk with no warranty on content whatsoever. Also, the information provided in this document is internationally copyright protected. "Duhaime's Law Dictionary" does not cover common English words unless they have a distinct meaning in the law. If you have a good suggested addition for Duhaime's Law Dictionary, please e-mail Lloyd at lloyd@duhaime.org but note that this project is volunteer and he may not be able to research and write the definition immediately or, depending on how busy he may be with his clients, even find time to reply.